Tag: TPP

We are delighted to share with you the new publication from Herbert Smith Freehills' Global Arbitration Practice, Inside Arbitration. In our first edition:

Dr Jacomijn van Haersolte-van Hof, Director General of the London Court of International Arbitration considers how the 2014 Rules are working in practice and the LCIA's efforts to share more information with its users

Craig Tevendale talks about how he came to be fluent in Arabic, and how this shapes the perspective he brings to international disputes

Donald Robertson and Leon Chun consider the Trans-Pacific Partnership and discusses the breadth of the agreement and the impact it will have in the region and for our clients across the globe

Brenda Horrigan talks through her transition from transactional lawyer to arbitration practitioner in Russia, Paris and Shanghai

Larry Shore, Christian Leathley and Isabelle Michou look at the various stages in making an investment at which investment risk can be mitigated by investment protection and treaty planning

Paula Hodges QC, Konrad de Kerloy and Ante Golem focus on an issue that arose on one of their recent cases that required some creative thinking: pre-emption rights and how to bypass them

Herbert Smith Freehills' Global Arbitration Practice is also pleased to share with our clients and colleagues in the arbitration market an infographic providing a snapshot of our work in the two years 2013-2015. Amongst other things it identifies the volume of cases and the value of the claims and counterclaims in our portfolio in those two years. The infographic is available here and at page 11 of Inside Arbitration.

We hope that you enjoy reading this first issue of Inside Arbitration. Your comments and feedback are very welcome.

For more information, please contact Hannah Ambrose, Professional Support Consultant, Vanessa Naish, Professional Support Consultant or your usual Herbert Smith Freehills contact.

Vanessa Naish

Professional Support Consultant

+44 20 7466 2112

Hannah Ambrose

Professional Support Consultant

+44 20 7466 7585

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Join us for a panel discussion on the dispute resolution system in the Trans-Pacific Partnership (TPP), presented by experts in international arbitration, as well as members of TPP government negotiating teams from Peru and Mexico. They will discuss the controversies arising out of the TPP's adoption of investor state arbitration.

Date: Thursday, January 7, 2016

Time: Registration will begin at 8:30am. Breakfast will be served. The panel discussion will begin at 9am.

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After a lengthy final period of negotiation in Atlanta, it has been announced that the TPP, the world’s largest mega-regional trade and investment deal, has been agreed. The investment chapter is not yet available but is briefly summarised on USTR’s website here. As anticipated, the TPP includes substantive investment protections found in many investment agreements, and the suggestion from available information is that the formulation of those provisions replicates much of what is found in the US Model BIT 2012. For example, (and in contrast to other recently negotiated free trade agreements such as the CETA and EU-Singapore FTA), investors are granted a minimum standard of treatment in accordance with customary international law. This does not come as much of a surprise – as reported in our earlier blog post here, the leaked investment chapter of the TPP contained many of the features of the US Model BIT 2012, although some differences too.

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